This week at SCOTUS: The Court denied cert. in King on April 29. Additionally, a new cert. petition (available here) was filed in Hale v. United States, No. 18-1383, on May 2, 2019. In United States v. Hale, 78 M.J. 268 (C.A.A.F. Feb. 6, 2019) (CAAFlog case page), a majority of CAAF found that evidence of conduct that was not subject to prosecution under the UCMJ was properly used to prove intent associated with conduct that was subject to prosecution. The petition presents the following questions:
1. Whether the Court of Appeals erred in relying on factual sufficiency of the evidence to resolve a question of plain error, where the alleged error related to a legal defect in jurisdiction.
2. Whether instructions focusing “on or about” the charged dates invited a general verdict based on conduct outside of the court-martial’s jurisdiction.
I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking two cases:
- King v. United States, No. 18-1254 (cert. denied on Apr. 29)
- Hale v. United States, No. 18-1383 (pet. filed May 2; resp. due Jun 3)
This week at CAAF: CAAF will not hold oral arguments on May 7-8, 2019. The next scheduled oral arguments at CAAF are on May 21, 2019.
This week at the ACCA: The Army CCA’s website shows no scheduled oral arguments.
This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.
This week at the CGCCA: The Coast Guard CCA’s website shows no scheduled oral arguments.
This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments.